CONTRACT FOR SOLID WASTE SERVICES
BETWEEN THE
CITY OF PACIFIC, WASHINGTON
AND
WASTE MANAGEMENT OF WASHINGTON, INC.
August 1, 2015 –July 31, 2025
RECITALS
DEFINITIONS
ARTICLE I - AGREEMENT, TERM
1.1Agreement
1.2Term
1.2Mandatory Services
ARTICLE II - GENERAL OPERATIONS
2.1Collection
2.1.1General
2.1.2Collection Schedule and Hours of Operations
2.1.3Collection Locations
2.1.4Collection from Physically Challenged Persons
2.1.5Dangerous Animals
2.1.6Employees to Use Walks if Carry-Out Service Directed
2.1.7Employees Not to Trespass
2.2Contractor to Make Examination
2.3Employees
2.3.1Non-Discrimination
2.3.2OSHA/WISHA
2.3.3Compliance with Laws
2.3.4Employees to be Courteous, Etc.
2.4Company Name
2.5Contractor’s Offices
2.6Permits
2.7Public Utilities
2.8Loading
2.9Cleanup of Spills
2.10Disruption of Collection
2.10.1Disruption of Collection Due to Weather and/or Road Conditions
2.10.2Holiday Schedules
2.10.3Missed and Makeup Collections
2.11Collection Equipment
2.12Reserve Equipment
2.12.1Painting and Cleaning of Vehicles
2.13Method of Processing and Disposal
2.14Service to City Facilities
2.15Carts and Containers
ARTICLE III - REPORTING REQUIREMENTS
3.1Reporting Requirements
3.2Contractor's Records; Access Inspection
ARTICLE IV - INSURANCE AND SAFEGUARDS
4.1Insurance
4.1.1Minimum Scope of Insurance
4.1.2Minimum Amounts of Insurance
4.1.3Deductibles and Self-Insured Retention
4.1.4Other Insurance Provisions
4.1.5Acceptability of Insurers
4.1.6Verification of Coverage
4.1.7Subcontractors
4.1.8Contractor’s Insurance Primary
4.2Performance Bond
4.3Indemnification and Hold Harmless Agreement
4.3.1Indemnification
4.3.2Waiver of RCW Title 51
ARTICLE V - GARBAGE COLLECTION
5.1Garbage Collection
5.1.1Carts; Containers
ARTICLE VI - RECYCLABLES COLLECTION
6.1General Recycling Provisions
6.2Recycling Carts/Containers
ARTICLE VII - COMPOSTABLES COLLECTION
ARTICLE VIII - COMPENSATION
8.1Contractor Rates
8.1.1CPI Adjustments to Collection Component
8.1.2Pass Through Adjustment to Disposal Component
8.1.3Periodic Adjustment Due to Extraordinary Circumstances:
8.2City Administrative Fee
ARTICLE IX - BILLING SERVICES AND CUSTOMER EDUCATION
9.1Contractor Billing
9.2Collection for Non-Payment
9.3Suspending Collection from Problem Customers
9.4Promotion, Education, and Outreach
ARTICLE X - DEFAULTS
10.1Termination
10.2Liquidated Damages
ARTICLE XI - ANNEXATION
11.1Franchise Rights/Annexations
ARTICLE XII - MISCELLANEOUS
12.1Non-Waiver
12.2Notices
12.3Severability
12.4Entire Agreement
12.5Attorneys’ Fees
12.6Change in Service
12.7Assignment
12.8Force Majeure
12.9Applicable Law / Venue
12.10Independent Contractor
12.11Subcontracting
12.12Taxes and Fees
12.13Insolvency; Right to Terminate Contract
12.14Reservation of Municipal Authority
12.15Successors and Assigns
12.16Corporate Authority
12.17Dispute Resolution
Exhibit A: List of City Facilities
Exhibit B: Service Rate Schedule
Exhibit C: Liquidated Damages
Page 1 of 39_Version 20, 7/2/15, 11:00am
CONTRACT FOR SOLID WASTE SERVICES
BETWEEN
THE CITY OF PACIFIC, WASHINGTON
AND
WASTE MANAGEMENT OF WASHINGTON, INC.
This CONTRACT FOR SOLID WASTE SERVICES (hereafter, “Contract”) is made and entered into this___ day of ______, 2015, by and between the City of Pacific, a Washington municipal corporation (the “City”), and Waste Management of Washington, Inc., a Washington corporation (“Contractor”), to provide for Solid Waste Services in the City Service Area. The parties shall be collectively referred to herein as the “Parties” and individually as a “Party,” unless specifically identified otherwise.
RECITALS
WHEREAS, the City has negotiated with Contractor for collection, disposal, recycling and other services regarding solid waste; and
WHEREAS, solid waste collection service is a fundamental municipal function, with uniform, managed collection necessary for the preservation of public health; and
WHEREAS, Contractor represents that it has the experience, resources, and expertise necessary to perform solid waste collection services; and
WHEREAS, pursuant to RCW 35.21.120, the City enacted ordinances codified in the City’s Municipal Code which created a system for the orderly collection and disposal of Garbage within the City of Pacific; and
WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as are necessary to enter into this agreement; and
WHEREAS, the City Council finds that by entering into this Contract for Solid Waste Services, the citizens of the City will receive a greater variety of solid waste services at more stable rates.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND COVENANTS STATED HEREIN, THE PARTIES AGREE AS FOLLOWS:
DEFINITIONS
For the purposes of this Contract, the following terms shall have the following meanings:
Adjustment Date: The date that occurs annually on September 1st during this Contract.
Bulky Waste/Items: Couches, chairs, mattresses, appliances and other large items that do not fit into the standard Residential or Commercial Garbage Collection truck.
Cart: A Contractor-owned wheeled cart that is a plastic container with 20, 35, 64 or 96 gallons of capacity; designed for and used with a hydraulic lifting mechanism; fitted with a sturdy handle and a cover; is rodent and insect resistant; and is capable of holding collected liquids without spilling when in an upright position. Where appropriate, Carts can be used for Garbage, Recyclables and Compostables Collection.
Carry-Out Service: The servicing of Carts by Contractor which are not placed Curbside by the Residential Customer for collection, but rather require the Contractor to enter onto Residential Customer’s property and roll-out or carry-out Carts to Contractor’s collection vehicle. Customers may request a carry-out service for an additional fee, as set forth in Exhibit B, and such fees are charged based upon the distance from Contractor’s collection vehicle. Carry-out service for Physically Disabled Persons is set forth in Section 2.1.4.
City: The City of Pacific, Washington.
City Solid Waste: All putrescible and nonputrescible solid, semi-solid, and liquid wastes, including Residential, Commercial and municipal garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes generated or coming to exist in the Service Area.
Collection: The process by which City Solid Waste is removed from Premises and transported to an appropriate facility for disposal, recycling, composting, or processing.
Commercial: Means of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential Premises which are permitted under applicable zoning regulations and are not the primary use of the property.
Commercial Recycling Customers: Commercial Customers who voluntarily receive Recyclables Collection services.
Compostables: Food Waste, Yard Debris and other materials mutually agreed upon by the Parties.
- Food Waste: All compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor’s selected composting site. Food scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility.
- Yard Debris: Leaves, grass and clippings of woody, as well as fleshy plants. Unflocked whole holiday trees, if cut in half, are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable bags may be used to contain Yard Debris.
Compostables Cart: ACart suitable for Residential collection, storage and Curbside placement of Compostables.
Composting: The controlled degradation of organic solid waste, yielding a product for use as a soil conditioner.
Containers: A detachable container or drop-box container suitable for storage and Collection of City Solid Waste. For purposes of this Agreement: (i) “detachable container” means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a Collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity; and (ii) “drop-box container” means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized Collection vehicle.
Contractor: Waste Management of Washington, Inc.
County:King County, Washington.
Contract Administrator: The City’s Mayor, or a person designated by the Mayor.
Curb or Curbside: The area within five (5) feet of the Public Street or alley where regular Collection from Residential Premises occurs. If safe access is difficult or extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the Customer, convenient to the Contractor’s equipment, and mutually agreed to by the Contract Administrator and Contractor.
Customer: A Person receiving Solid Waste Services from Contractor pursuant to the terms of this Contract.
Disposal: The ultimate disposition of City Solid Waste at a landfill.
Effective Date: August1,2015
Garbage: City Solid Waste that is placedby Customers in appropriate bags, cans, Carts, Containers, or other receptacles for Collection and Disposal by the Contractor. The term “Garbage” shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables.
Disposal Fee: The fee charged to the Contractor for the Disposal of any City Solid Waste.
Hazardous Waste: Any substance that is:
- Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA.
- Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW.
Inaccessible Area: Any road that does not allow safe access, turn-around, clearance or does not meet the weight requirements for Contractor trucks.
Paper:Office paper, copy paper, construction paper; newspaper and paper inserts; magazines and paper inserts; catalogs, mail and paper inserts; envelopes; paper bags; food boxes (cereal, cookie, cracker, etc.); juice boxes; milk, juice and ice cream cartons; aseptic containers, e.g. soup, broth, soy milk, almond milk; paper towel tubes; toilet paper tubes; tissue boxes; non-foil and non-cello wrapping paper; kraft paper bags or boxes; hot or cold cups.
Multi-Family Premises: A Premises with three (3) or more Residences, irrespective of whether residence therein is transient, temporary or permanent.
Multi-Family Residence: A Residence within a Multi-Family Premises.
Non-Regular Scheduled/Temporary Service: Any non-permanent, temporary service requested by a Customer and available from Contractor, for a fee. These requested services will be provided by the Contractor and billed directly to the Customer by Contractor.
Person: An individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of Washington, King County, cities, and special purpose districts.
Physically Challenged Persons: Disabled persons or any other Residential Customer who is not physically able to move Carts out to the Curbside, as determined based upon criteria reasonably established by the Contractor, with input from the City. Requests must be made to the Contractor in writing for such designation, and the Customer household cannot have another able-bodied person living in the home who is capable of rolling Carts out to the Curbside.
Premises: Any land or building in the Service Area where City Solid Waste is generated, deposited, accumulated or otherwise coming to exist.
Public Street: A public right of way used for public travel and owned by the City.
Recycling: The processing of City Solid Waste for the purpose of returning it to the economy in the form of raw materials for new, reused, or reconstituted products, or other uses resulting in diversion from Disposal.
Recyclables:Glass: food or beverage containers; Paper; Cardboard: boxes, packaging and beverage ‘flats’ or nursery ‘flats’; Metal: tin, aluminum and steel food or beverage containers (labels okay); empty aerosol cans; scrap metal (limit: 2’x2’x2’, 35 lbs.); metal appliances (cords removed); Plastic: food and beverage containers; PET/PETE bottles; HDPE bottles and jugs; dairy tubs, e.g. butter, yogurt, cottage cheese; cups; rigid plant pots; 5-gallon buckets. All recyclables must be clean and free of liquids, food or any other debris. The City and the Contractor can negotiate deletions or additions to the Recyclables list.
Residence: A living space with a kitchen, individually rented, leased or owned, and located in the Service Area.
Residential: Means of, from, or pertaining to Single-Family Premises and Multi-Family Premises, including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
Recycling Carts: A Contractor-provided 20-, 35-, 64- or 96-gallon (default size) Cart suitable for Residential storage, Curbside placement and Collection of Recyclables.
Service Area: The municipal boundaries of the City, both now and as they may be expanded by annexation during the life of the Contract, subject to the provisions of RCW 35.13.280.
Single-Family Premises: A Premises with one (1) Residence, irrespective of whether residence therein is transient, temporary or permanent.
Single Stream Recycling: A system in which various types of Recyclables are separated from Garbage by the generator and placed together in a Cart or Container for Collection.
Solid Waste Services: Any and all Collection, Disposal, Recycling and Composting services regarding City Solid Waste.
Special Waste: Polychlorinated biphenyl (“PCB”) wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations.
White Goods: Large household appliances such as washers, dryers, stoves, refrigerators (not containing CFCs), dishwashers, and other similar appliances.
WUTC: The Washington Utilities and Transportation Commission, which regulates solid waste collection in the unincorporated areas of the County.
ARTICLE I- AGREEMENT, TERM
1.1Agreement
The City hereby agrees that Contractor shall have the exclusive right to perform all of the Solid Waste Services, to the extent allowed by State and Federal law, upon the terms and conditions set forth below.
1.2Term
The initial term of this Contract is ten (10) years, starting on the Effective Date, and expiring at 11:59 p.m. on July 31, 2025. The Parties may, by mutual written agreement signed by the duly authorized representatives of the Parties, extend the Contract for two (2) successive periods of two (2) years each. Any such extension shall be under the terms and conditions of this Contract. To exercise the option to extend this Contract, the Parties shall agree in writing not less than 180 days prior to the then expiring Contract term.
1.1Exclusive Right; Franchise Enforcement
The City does hereby grant to Contractor the exclusive duty, right and privilege to perform the Solid Waste Services, except regarding Collection of Recyclables and Compostables, from Commercial Premises. When asked by the Contractor, the City shall use reasonable efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. The Contractor may independently enforce the exclusive rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate with Contractor in Contractor's actions to enforce such rights (without obligating the City to join any litigation initiated by Contractor).
1.2Mandatory Services
Pursuant to Section 14.02.070 of the City’s Municipal Code, Garbage Collection services are mandatory for all Residential and Commercial Premises. Commercial Recycling and Compostables Collection services are optional for Commercial Premises, and will be provided by Contractor on a subscription basis.
ARTICLE II- GENERAL OPERATIONS
2.1Collection
2.1.1General
Contractor shall perform the Solid Waste Services as provided in this Contract. Contractor shall have sixty (60) days from the Effective date to perform any new services. The collection of Hazardous Waste is not included within the scope of this Contract, and Contractor shall be under no obligation to collect any Hazardous Waste. Customers shall remain responsible for any Hazardous Waste or other unacceptable materials placed in collection containers, even if such materials are inadvertently collected by Contractor, and to the extent such Customers can be identified, Contractor may seek to impose upon such Customers any and all costs and expenses associated with managing such Hazardous Waste or unacceptable materials. However, nothing herein is intended to prevent Contractor from collecting, transporting and/or disposing of any Hazardous Waste in accordance with applicable federal and state requirements and regulations, so long as such actions are performed separate and apart from any action taken in the performance of this Contract.
2.1.2Collection Schedule and Hours of Operations
Collection from Residential Customers shall be between the hours of 6:00 AM and 6:00 PM, Monday through Friday. Collection from Commercial Customers may be made without restriction as to collection time or day or week, provided that Commercial Customers adjacent to Residences shall be collected during the Residential times. Recyclables and Compostables will be collected at least every other week, whereas Garbage will be collected at least weekly.
2.1.3Collection Locations
Contractor shall collect Garbage, Recyclables and Compostables at Curbside from all Single-Family and Multi-Family Premises Customers with Cart-based services. Contractor shall collect Garbage, Recyclables and Compostables from Customers with Container-based services at locations determined by Contractor and the Customer. Contractor may refuse to pick up materials at locations identified by Contractor and approved by the City, acting reasonably, where, because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may refuse to drive into private property where driveways or roads are without adequate turnarounds or have other unsafe conditions.